PALM BEACH COU~;~da Item#: -"-5~ ... =•1.i.·· _.,. J BOARD OF COUNTY COMMISSIONERS

BOARD APPOINTMENT SUMMARY

Meeting Date: APRIL 3, 2012

Department: ADMINISTRATION

Advisory Board: WORKFORCE ALLIANCE, INC.

I. EXECUTIVE BRIEF

Motion & Title: Staff recommends motion to: The appointment of Jay DiPietro and Peter J. Applefield to the Workforce Alliance, Inc. (Alliance) Board of Directors for the period 4/3/12 through 4/2/15.

Nominee/ Seat Area of Annointment No. Term Reoresentation Nominated Bv

Jay DiPietro 4 From to 4/3/12 throuah 4/2/15 Private Sector Workforce Alliance, Inc.

Peter J. Applefield 34 From to 4/3/12 throuah 4/2/15 Private Sector Workforce Alliance, Inc.

Summary: The membership of Workforce Alliance, Inc. (Alliance) conforms to the requirements of the Workforce Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. Policy for this item is defined in R2007-1220 Agreement between Palm Beach County, Florida (County) and Alliance dated July 10, 2007. Per this Agreement, seventeen (17) private sector member appointments shall be made by County. The Workforce Investment Act of 1998 requests that an emphasis be placed on CEO's or highest level of management positions for both community and business sector appointments. The Alliance Board of Directors is comprised of a minimum of forty members as determined from time to time by the Board of Directors with representatives of business in the local area who are owners of businesses, local educational entities, labor organizations, community-based organizations, economic development agencies, one-stop partners. Countywide (TKF)

Background and Justification: Public Law 105-220 (WIA 1998) Section 117 (b) (4) states that a majority of the members of the local board shall be representatives of business in the local area who are owners, chief executives or operating officers, and other business executives, or employers with optimum policy making or hiring authority; or represent businesses with employment opportunities that reflect the employment opportunities of the local area. Policy for this item is defined in Article 9. a.i. of Document (R2007-1220) an lnterlocal Agreement between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, and South Bay. Existing diversity makeup of the Alliance Board of Director's is as follows:

• 20 Male Caucasian • 7 Female Caucasian • 2 Male African-American • 2 Female African-American • 3 Male Hispanic American

Attachments: 1. Palm Beach County Board of County Commissioners Boards/Committees Application 2. Document #R2007-1220 lnterlocal Agreement Creating The Palm Beach Workforce

Development Consortium

Department Dire or Steve Craig Date President/CEO Workforce Alliance, Inc.

Legal Sufficiency: Z---~ s/ F/4_9_ r fa5tantcOlffi1~ Dlite .........,_

ii. REVIEW COMMENTS

A. Other Department Review:

Department Director

PALM lllEACH COUNTY BOARD OJF COUNTY COMMI§S!ONJEJR§ :BOAJ.ID§/COMMITTJEE§ APJ!>LKCA'JI'HllN

The information provided on this form will be used by County Commissioners and/or the entire Board in c~l'l:~id_e_~i~~-.Jl?_u,7:_ ~-?'!1.i~a_t~_on. Th.isform MllSTfE COMF'LJs.TED IN FULL. Answer "none" or "not applicable" where appropriate. 'lj)ifif,~r,Pfi!as~ ~!f;ai;fi a /jiggruphy N r¢sufflt tQ thi$fQrnt;

Section I IDepartment}: (Please Print)

Board Name: _W_o~r_kf<_o_r_c_e_Al_li_an_c_e,,_, =In=c~·---------------~- Advisory IX J Not Advisory I I

or [ ] District Appointment /District#: __ _ [X] At Large Appointment

~ Term of Appointment: Years. From: 4t~I I tcl To: YI ;;J./ r5 -----Seat Requirement: Private Sector Seat#: ~~=~-~-------------------

lJ,-li

]*Reappointment or [X) New Appointment·

or· to complete the term of Due to: [ ] ------------ resignation [ l other

Completion of term to expire on:

*When a person is being considered for reappointment, the number ~:.vions discfosed votmg confllfots during ilie previous term shall be considered by the Board of County Commissioners: :-\ . ·

Section Il (Applicant\: (Please Print) APPLICANT, UNLESS EXEMPTED, MUST BE A COUNTY RESIDENT

Name: DIPIETRO Last

Occupation/ Affiliation:

Business Name:

Business Address:

JAY First

President/COO/Gen. Mgr. Of Private Country Club

Owner [ ] Employee [ X ]

Boca West Country Club

P.O. Box3070 or 20583 Boca West Drive

Middle

Officer [ X ]

City& State _B_o_c_a_R_a_to~n~,_F_L ____________ Zip Code: 33431 or 33434

Residence Address:

City& State

Home Phone:

Cell Phone:

Email Address:

16016 Double Eagle Trail

Delray Beach, FL

( 561 ) 865-4983

(561) 756-6102

jdbwcc@aol.com

Mailing Address Preference: [ X ] Business [ ] Residence

Zip Code: 33446

Business Phone: ( 561) 488-6937 Ed.

Fax: (561) 451-0127

Have you ever been convicted ofa felony: Yes___ No _)C __ If Yes, state the court, nature of offense, disposition of case and date: ----------------------~

Minority Identification Code: [ ] Native-American

Page 1 of2

[X] Male [ ] Hispanic-American

[ ] Female [ ] Asian-American [ ] African-American [X] Caucasian

Attachment# _ __.::/_. __ _

Section U Crnmtim,ed:

CONTRACTUAL RELAUONSl!Ifil'S: Pursuant to Article XIII, Sec. 2-443 of the Palm Beach County Code of Ethics, advisory board members are prohibited from entering into any contract or other transaction for goods or services with Palm Beach County. Exceptions to this prohibition include awards made under sealed competitive bids, certain emergency and sole source purchases, and transactions that do not exceed $500 per year in aggregate. These exemptions are described in the Code. This prohibition does not apply when the advisory board member's board provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract or transaction and the contract or transaction is disclosed at a public meeting of the Board of County Commissioners. To determine compliance with this provision, it is necessary that you, as a board member applllc,mt, ldelllllify all contractual relationships between Palm Beach County government and yon as an individual, directly or indirectly, ,ir your employer or business. This information should be provided in the space below. If there are no contracts or transactions to report, please verify that none exist. Staff will review this information and determine if you are eligible to serve or if you may be eligible for an exception or waiver pursuant to the code.

Contract/Transaction No.

Ex: ffi#XX-XXXX/PO XXX)

NO CONTRACTS EXIST

Department/Division.

Parks & Recreation

Description of Services

General Maintenance

(Attach Additional Sheet(s), if necessary)

NONE

10/01/11-09/30/U

All board members are required to read and complete training on Article XIII. the Pahn Beach County Code of Ethics, and read the Guide to the Sunshine Amendment prior to appointment/reappointment. Arlicle XIII, and the training requirement can he found on the web at: http://www.palmbeacbcountyethics.com/training.htm. Keep in mind this requireme11t is on-going.

~ By signing below I acknowledge that I have read, un~erstand, and agree to abide by Article XUJ:, the lP'alm Beach f County Code of Ethics, and I have received the requit-ed Ethics training (in tile manner checked below):

\[ f-, By watching the training program on the Web, DVD or VHS -,--

By attending a live presentation given on _______ ~ 20 __

l'>(l By signing below I acknowledge that I have read, understand and agree fo abide by the Guide fo ilie Sunshine ,,- Amendment & Sfate of Florida Code of Ethics:

* Applicant's Signatur)._:_· -~-~------~- Printed Name: c•'-.L-'-"la_,{~'-f.,.--·j-'.i _·7,::·::_>_ci_,,_F_::i:,_i ~"'c"A'-·'··'-y-''l"-,''t __ Date: -~-"·:5-'· ,f~j' -'-£-'--/_' •c..';1 '""1'-,,.--_·'_ "-.f:

Any questions and/or concerns regarding Article XIII, the Palm Beach County Code of Ethics, please visit the Commission on Ethics website www.palmbeachcountyethics.com or contact us via email at ethics@palmbeachcountyethics.com or (561) 233-0724.

Return this FORM to: A'll''ll'N: Sharon Brea, Contracts Manager, Workforce Alliance, lfnc.

315 South Dixie IIighway, Suite 102, West Palm Beach, Floridla 33401

Seclim, IIJ (Commissioner, if applllcaMe):

Appointment to be made at BCC Meeting on:

Commissioner's Signature:. _________________ _ Date: ____________ _

Pursuant to Florida's Public Records Law, this document may be reviewed and photocopied by members of the public. Revised 08/01/2011

Page:? of2

Biography

NAME: Jay DiPietro, CCM Married to Sharon; 9 children, 24 grandchildren and 1 great grandchild

CLUB: Boca West Country Club P.O. Box 3070 Boca Raton, FL 33431

TITLE: President/COO/General Manager since 1985

Club Managers Association of America (CMAA):

Past: CMAA National Director; Chairman of Chapter & Nat'!. Governmental Affairs

Committee; Chaitman, Nat'!. Chapter Services Committee; Chairman, Nat'!. SAC Inspection

Team; Chairman, Nat'!. Bylaws Committee; Chairman, Chapter Conference Committee;

National Educational Director; Chairman, Chapter Ethics & Grievance Committee; Chairman,

Chapter Insurance Committee; Chairman, Chapter Retirement Committee; 1998 Club Manager

of the Year; Recipient of Excellence in Club Management award; 'Top Gun' in Club

Management; Recipient of Most Valuable Member of the Florida Chapter for which the award is

now named the "Jay DiPietro MVM of the FLCMAA"; Recipient of the BoardRoom Magazine's

Lifetime Achievement Award. Past Director, Educational Institute of the Michigan State

University; Past Guest Instructor for the School of Hospitality Management at Florida

International University.

Current: Chairman of Excellence in Club Management; Chairman, CMAA Club

Foundation; Chairman, CMAA National Golf Championship Committee; Chairman, Seminole

Region Chrurity GolfTouniament (benefiting Special Olympics PBC, Toys for Tots PBC and

S.O.S. Children's Village of Florida), Member of the CM/1.A Honor Society. Special Olympics

· Hall of Fame member.

Member of the following: American Hotel & Motel Association; Confrerie de la Chaine

des Rotisseurs; (Past Director) Florida Restaurant Association.

EMPLOYMENT HISTORY: Boca Lago Country Club, Bal Harbour Yacht & Beach

Club, Longchamps of Florida; Restaurant Associates of New York and Boston, Playboy Club

International and Holiday Inn International.

OUTSIDE ACTIVITIES (inelmllmg other voKmmteer mdivides): Member of the Boards for the

Business Forum for the Palm Beach County Economic Council, S.O.S. Children's Village of

Florida, Lynn University and Tri-County Humane Society. Guest Speaker at Harvard School of

Business; Past Honoree of the Jewish Federation of South Palm Beach County; Past recipient of

National Jewish Humanitarian Award; 2011 Winner of Boca's Ballroom Battle to benefit The

George Snow Foundation; 2011 Recipient of Florence Fuller's Men With Caring Hearts Award.

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS BOAfIDS/COMMllTTIEES APPLICATION

The information provided on this fonn will be used by County Commissioners and/or the entire Board in c~-~~_i,cJe~f11:g_j!p__~7:_nC?,1!1t'!a/ion. This form MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. $/il/ftil.ji"f,iii;i.Uiii'si/)iit(ii~lii'i, wi~iilmmW~iiiii!~r;11~lfrt~ Section I (Department): (Please Print)

Board Name: ---'W-'-o:::r::.kfi::.o:::r::.c.:.e.:.A;:;ll::i:::an::::c:..:e.,_, :::In::::ccc.. _________________ Advisory [X ] Not Advisory [ I

[X] At Large Appointment or [ J District Appointment IDistrict #: __ _

Term of Appointment: 3 Years. --==--- From: 4/'::> I (2- To: L/-{;J..J rs Seat Requirement: Private Sector Seat#: 34

J *Reappointment or [X] New Appointment

or to complete the term of Due to: [ ] resignation [ J other

Completion of term to expire on:

*When a person is being considered for reappointment, the number of previous disclosed voting conflicts during the previous term. shall be considered by the Board of County Commissioners: -~0 __

Section II (Applicant): (Plea.se Print) APPLICANT, UNLESS EXEMPTED, MUST BE A COUNTY RESIDENT

Name: APPLEFIELD PETER Last

Occupation/Affiliation:

!Business Name:

Business Address:

City & State

Residence Address:

First

Commercial Real Estate

Owner' [x] Employee [ ]

AW Property Co.

2801 PGA Blvd., Suite 220

Palm Beach Gardens, FL

122 Seville Road

J Middle

Officer [ J

Zip Code: 33410

City& State

Home Phone:

_W_e~s_t~P~alm __ B_e_ac_h~,_F_L __________ Zip Code: 33405

-'-'(5c.c6:.::1L) =-54-'-7'--4-'-9'-'8'-'7'--------- Business Phone:

Cell Phone: -"'(5c.::6.:_1)'-'2::.:5:.::2c...:-2:c3c:.9.:_1 ______ Fax:

Email Address: papplefield@awproperty.com

Mailing Address Preference: [ x J Business [ J Residence

Have you ever been convicted of a felony: Yes___ No _x __

(561) 687-5800

(561) 689-1255

If Yes, state the court, nature of offense, disposition of case and date: ______________________ _

Minority Identification Codie: [ l Native-American

Page 1 of2

[x] Male [ J Hispanic-Ameri<;an

[ ] Female [ ] Asian-American [ J African-American [ x J Caucasian

Sectio111 II Continued:

CONTRACTUAL RELATIONSIDJ>§: Pursuant to Article XIII, Sec. 2-443 of the ·Pahn Beach County Code of Ethics, advisory board members are prohibited from entering into any contract or other transaction for goods or services with Pahn Beach County. Exceptions to this prohibition include awards made under sealed competitive bids, certain emergency and sole source purchases, and transactions that do not exceed $500 per year in aggregate. These exemptions are described in the Code. This prohibition does not apply when the advisory board member's board provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract or transaction and the contract or transaction is disclosed at a public meeting of the Board of County Connnissioners. To determine compliance with this provision, it is necessary that you, as a board member applicant, identify all contractual relationships between Palm Beach County government and you as an individual, directly or indirectly, or your employer or business. This information should be provided in the space below. If there are no contracts or transactions to report, please verify that none exist. Staff will review this information and determine if you are eligible to serve or if you may be eligible for an exception or waiver pursuant to the code.

Contract/Transaction No.

Ex: (R#XX-XXXX/PO XXX)

Department/Division

Parks & Recreation

Description of Services

General Maintenance

(Attach Additional Sheet(s), if necessary)

OR Cu NONE

10/01/11-09/30/12

All board members are required to read and complete training on Article XIII, the Pahn Beach County Code of Ethics, and read the Guide to the Sunshine Amendment prior to appointment/reappointment. Article xm, and the training requirement can be found on the web at: http://www.palmbeachcountyelbics.com/training.htm. Keep in mind this requirement is on-going.

By signing below I acknowledge that I have read, understand, and agree to abide by Article XllI, !be Palm Beach County Code of Ethics, and I have received !be required Ethics training (in the manner checked below):

X By watching the training program on the Web, DVD or VHS By attending a live presentation given on · 20 __ .

llll By signing below I acknowledge that I have read, understand and agree tu abide by the Guide to the Sunshine Amendment & State of Flori_da Code 3/Etbics: /

,.-,-7 / / /

* Appllcant's Signature:/ / .. d, ·i ., ··,/£,..Printed Name: if J...,. -J :~" n j,. Le-id I Date: 3 / I J) 2... . t' ~ / // ~

Any questions and/or co~cems regarding Arti~II, the PahnBeach County Code of Ethics, please visit the Comruission on Ethics website www.palmbeachcountyetbics.com or contact us via email at ethics@palmbeacbcountyethics.com or (561) 233-0724.

Return this FORM to: ATTN: Shamn Brea, Contracts Manager, Workforce Alliance, Inc.

315 Sonth Dixie Highway, Suite 102, West Palm Beach, Florida 334111

Section III (Commissioner, if applicable):

Appointment to be made at BCC Meeting on:

Commissioner1

s Signature:. __________________ Date:--------~-----

Pursuant to Florida's Public Records Law, this document may be reviewed and photocopied by members of the public.

Page 2 of2

Revised 08/01/2011

ffl) AW Property Co.

PETER J. APPLEFIELD, CCIM 2801 PGA Blvd., Suite 220,,Palm Beach Gardens, FL 33410

papplefidd@awproperty.com' (561) 687-5800 • www.awproperi;-y.com

PROFESSIONAL PROFILE

XnveswentManmgement Propen-ty Services

• Thirty years of experience in the South and Central Florida commercial real estate markets

AW PROPERTY CO.

• Partner and Co-founder • Managing Director, Property Services: Directs the management of company's portfolio of

over 2 million square feet of medical, office and industrial properties. • Broker of Record: Manages the. c6mpany's brokerage. Specializes in the purchase, sale and

leasing of medical, office and industrial properties. • Has assisted in the acquisition and disposition of over ten million square of commercial real

estate.

PROFESSIONAL MEMBERSHIPS AND AFFILIATIONS

• Certified Commercial Investment Member (CCil\1) ,. Realtors Commercial Society of Palm Beach County, Founding member and past president " Business Development Board of Palm Beach County, Past Director • Palm Beach County Industrial Revenue Bond Committee, Past Chait • Palm Beach Day Academy, Member of Corporate Committee and Past Chait • Chamber of Commerce of the Palm Beaches, Tmstee

2801 PGA Boulevard, Suite 220 ° !'aim Beach Gardem, Florida 33410 • (561) 687-5800 • Fax (561) 689-1255 • awproperty.com

R2007,. 11120 JUl 1 0 2007

lll>H"fERlOCAl AGREEMENT CREATING. THE

Jll'AlM BEACH WORKFORCE DEVELOPMENT CONSORTIUM

This Agreement, to create the Palm Beach Workforce Development Consortium ("Consortium") ls made and entered Into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach -County and th.e Cities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, each passing resolutions to that effect.

WITNESSETH THAT: .

WHEREAS, Public Law 105-220 enacted by the congress of the United States effeptive August 1998, which Act Is known as the Workforce Investment Act ("'{VIA"), established· a program to provide· universal access to workforce development services for·the businesses and cilizens of- Palni.13each County; and, · WHEREAS, the State of Florida's Workforce Development Board ("WDB") Workforce Florida, Inc. (WFI) created by the _Leg!slat4re In 2000, has. ~een designate[/ by the Governor to take the lead In designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the County of Palm Beach has bee11 designated by the Governor of the State of Florida as a Workforce Development Region (Region 21 ); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development/investment area; and

WHEREAS, the governing body of each of the parties to this Agreement desire that ifs county or city be included In regional workforce development Initiatives to avail Its businesses and citizens of the benefits of Florida's workforce development strategy, Including those programs funded through the •V\lorkforce Investment Ac! of 1998 (WIA). the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce innovation Act of 2000 FWIA) , and such other funding sources as may be avaflable !o support workforce actrvltles. WHEREAS, the above governing bodies rn the WDB Region 21 have come together to form the Consortium to carry out their separate and Independent functions described herein In a coordinated and cooperative fashion; and

WHEREAS, a readHy avallable workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses which will Increase the we1:1llh of the region, support strong economic development, ensure Jobs for our citizens, expand the lax base, Improve the qualfty of life and ensure the r.egion's.economlc future. ·

Attachment# _ __:;~_._ __ _

WHEREAS, Iha Consortium intends to establish an independent district wm1 no !axing or bonding· aulhorl.ly to enhance local workforce development ac!ivities in Palm Beach County, Florida.

NOW, THEREFORE, in consideration ofthe promises and mutual covenants and obligations contained herein and for other good and valuable consideration, !he parties agree and.understand as foflows:

1. ESTABLISHMENT OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM

a. Is heriroy. established a muf!l-Jurlsdlctlonal consortium hereinafter called the ~Palm Beach Workforce Development Consortium" or "Consortium" for the express purpose of c_arrylng ciut the indlvldu;;il responsibilities ofeach party to this Agreement under the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconclllatlon Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce Innovation Act of 2000 {FWIA) , and such other funding sources as may be available to support workforce actlllltles.

b. The Consortium shall consist of four (4) members. The Chairman o.f the Board of County Commissioners of Palm. Beach County shall serve as that County's representative on the Consortium; however, the Board of County .Commission Chairman may appoint a replacement member of the County Commission to the Consortium and any such Commissioner shall have full voting rights and privileges. Likewise, the Mayor of the City of Delray Beach, the Mayor of the City of Palm Beach Gardens, and the Mayqr of the City of South Bay shall serve as those cities representatives on the Consortium; however the Mayors may appoint any member of their respective City Councils to the Consortium and any such Council Member shall have full voting rights and privileges in accordance with "Attachment -1 Workforce Alliance, Inc. ·Boarcl Composition" of this Agreement.

2. PARTIES TO THIS AGREEMENT Each of the parties to this Agreement Is a county or city. of the State of Florida and as such. is a general•purpose political subdivision, which has the power to levy taxes and expend funds, as well as general corporate and police powers. These parties are more particularly identified as follows: ~ Address

Board of County Commissioners Palm Beach, Florida

Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach G.ardens

3P1 North Oflve Avenue West Palm Beach, Fl 33401

100 NW First Avenue Delray Beach, FL _33444 10500 North Mililary Trail .

Palm Beach Gardens, Florida

Mayor, City of South !Bay South Bay, Florida

3. CONS.IDERA TJON

Palm Beach Gardens, Fl 33410

335 SW 2nd.Ave South Bay, Fl 33493

In order to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties _hereto, the following are the predicates underlying the undertakings and commitments included within the provisions which follow and shall be constructed as the essential elements of the mutual considerations upon which this Agreement is based.

4. GEOGRAPHICAL AREA TO BE SERVED BY THIS AGREEMENT

a. The geographical area to be served by this Agreement is the combined geographical area of each of the four members' county area .and city limits that are parties to this Agreement, whose geographical areas are contained In the legal description found In Chapter 7, Florida Statutes.

b. Pursuant to the designation by Iha Governor, !he four members. constituting the Palm Beach Workforce Development Consortium and Workforce Arliance, Inc. shall be the WDB Region as provided for In Section 116 of Title 1 of the WIA, PRWOR, WP, FWIA and Florida's workforce development Initiatives as designated · by WFI and Iha Governor for the geographical area covered by . this Agreement.

5. FEDERAL AND STATE REQUIREMENTS

II is the Intent of the Consortium to incorporate Into this Agreement the duties and obligations· governing programs under WIA, PRWOR, WP, and the Workforce Florida Act programs as we!!· as any other rules and regUJlations both State and Federal, applicable to these Initiatives.

6. CREATION OF ADMINISTRATIVE ENTITY

The Consortium, pursuant to Section 163.01(7) of the Florida Statutes will employ staff which comprise Workforce Alliance, Inc. and the Workforce Alliance ·one-Stop Advisory Committee to operate and implement workforce programs including one-stop direct services as well as related programs in !he workforce development area (Region 21 ): ·

7. JOINT UNDERSTANDING The terms and conditions; which follow,. reflect the joint understanding between the parties.

8. MEMB.ER$HIP

a .. The Consortium shall consist of the four (4) member governments . represented by elected officials designated to serve by their respective Commission, or Council. The elected .official may designate an alternate to s.erve In the elected official's absence. The alternate shall also be either the chief elected offi~al or an elected official to the Commission, or Council of the . member government.

b. The officers of the Consortium shall include a chair and a vice chair. These officers shall be elected from among and by the membership of the Consortium for a term of one year, consistent with the state fiscal year, but shall hold office until their successors are duly elected.

9, DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM

a. To appoint the members of Workforce Alliance inc, In accordance with the WIA, FWIA, and Attachment i of this Agreement. The Workforce Affiance Inc. Board shall consist of 35 members as provided for under the Workforce Investment Act, and the Florida Workforce Innovation Act.

I. As per Attachment 1 each unit of local government will appoint their respective number of private sector members to the Workforce Alliance, Inc. board of directors as listed In Attachment 1. Mandatory appointments will be approved by the Consortium,

Ii. The Consortium may add · individual organizational representatives to t~e membership of Workforce Alliance Inc. Board of Directors as provided for under the WIA and the FWIA, provided that sufficient additional private sector appointments are m.ade lo assure a 51% private sector majority. ·

m. Nominations to Workforce Alliance Inc. Board of Directors shall be made in accordance with the WIA, FWfA and such Instructions as may be received from the Governor of the State of Florida. ·

b. To designate Workforce Alliance, Inc, as the fiscal agent, grant recipient and administrative entity lo administer WIA, PRWOR, Wagner-Peyser Act and such other funding sources as may be available to support workforce· development actMtles for Region 21, Palm Beach County, Florida as chartered by WFI. The Board of County Commissioners can review !his section. (9b) on an annual basis and amend it as described under section 15 of this agreement

c. To enter into · agreements wllh each other regarding the workforce development. area, including the selecUon of one of the parties to the agreement to serve as the chief elected official for lhe area. d. To determine the procedure~ for the development of the workforce investment plan as described in Section 117 of the WIA ancj the strategy to implement Florida's workforce development Initiative within the area designated in Section 4 of this Agreement. ·

e. Together with Workforce Alliance, Inc., lo approve the workforce development plan for the Region and modifications thereto.

f. To provide oversight and guidance In conjunction with the Workforce Alliance Inc. Board of Directors.

g. To accept responsibility for compliance and accountabllity for Stale and federal funds. Any dfsalfowed costs will remain the responslbility of Palm Beach County as currently exists.

h .. To ·perform any other appropriate. duties necessary for the accompllshment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, WP, and FWIA. .

i. To establish an Independent special district (to create through an interlocaf agreement offering staff the ability to participate in the Florida Retirement System), with no taxing or bonding authority, to enhance workforce development'actlvltles In Palm Beach County, Florida. 10. MEETINGS

a. The Chair shall preside at all Consortium meetings and shall perform all duties Incident to that office. The Vice Chair shall preside In the absence of the Chair and shall have the power to exercise and perform all duties of lhe Chair.

b. Meetings shall be held at least twice annually.

c. Meetings shall be noticed and declared public meetings, open to the public, in accordance with the Sunshine Law, Section-286.011, Florida Statutes. d. A quorum al any Consortium shall consist of any Three (3) members or their designated alternates. A quorum Is required to transacl Consortium business.

e. At all meetings of the· Consortium at which a quorum is present, all matters shall be decided by the majority vote of said members.

11. FINANCIAL SUPPORT

a. The Consorlh,1m shall support its programs and any costs incldental to the operation of !Is programs by grant funds appropriated to it by the United States Department of labor.or the United States Department of Health and Human Services for the foJlowlng programs: the Workforce Investments Ac!, the Personal Responsibility and Work Opportunity Reconciliatlon Act, the Wagner-Peyser Act or other Workforce Development, Welfare Legislation or related grants provided by Workforce Florida,. Inc. or through any other Federal,·State or Local source. ·1n addition, the Consortium Is authorized to accept any other grants In aid cir assistance funds, from the United States Government or to accept appropriations from any of its members, or any other organization or person, including the acceptance of gifts, grants, or bequests whether it.be In the form of tang Ible or Intangible property. b. · No funds will be required from the treasuries of any of the parties to this Agreement for implementatlon of workforce development Initiatives. including progratns funded by WIA, PRWORor WP, It being the intent hereof that all funding of the workforce development initiatives and the Consortium shall be · accomplished by grants and funds available pursuant to workforce development Initiative programs, including any other State and Federal grants or other funding which will further the purpose of the program. The above languag~ does not preclude units of .local government fro·m expending funds under their jur!sdictlc;,n on workforce development programs. · ·

c. The Consortium Is a governmental entity as defined In Chapter .768.28 Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by raw. Nothing herein is intended ·to seive as a waiver of sovereign Immunity by the Consortium for which sovereign Immunity is applloable. Nothing herein shall be construed as consent __ by a member of the Consortium as a political subdivision of the slate · of Florida to be sued by third parties In any matter arising out of this or any other contract, this agreement or any part thereof. The Consortium shall assume equal l!abfllly to the extent allowed and/or required by law for the operation of Federal and State Workforce Development programs. d. The Consortium shall purchase Insurance to indemnify itself and/or any of its · members and any separate legal entity or contractors from any liability, which may attach clue to Its operation of WIA, PRWOR, WP or other Federal or State workforce development programs.

12. POWERS DELEGATED TO THE CONSORTIUM

The Consortium shall make all policy decisions except· those which must be made in partnership. with the Woikforce Alliance Inc. pursuant to the authorizing legislation under which grants are made available. Policy decisions shall inciude, but not be limited to those powers enumerated at Section 163.01 (5), (6), _and (7) of the Florida Stale Statutes, such as, but not limited to:

a. The power to appoint a separate legal administrative entity to carry out Consortium policies and perform as described In Chapter 163 of the Florida State Statutes, Sections 163.01(7) (b). The initial designation shall be. the · Workforce Alliance, Inc.

b: The manner in which accountability for fund expenditures shall be provided for including an independent audit to be done accordance with the Florida Statutes, and Federal 0MB Circular A133.

c. The acceptance of grants, gifts, or other ·types of financial assistance as allowed by law. ·

. d. Authorization of the Consortium DireQtor who shall also be the President and CEO of \/Vorkforce Alliance, Inc., to negotiate, enter into and · execute agreements followlng the_ approval of Workforce Alliance·, Inc. Board policy as appropriate to carry out the operational and administrative ·requirements and functions of the strategic plan and for day to day operations.

e. Authorization of the said Consortium Director to make purchases in accordance with the procurement and purchasing guidelines approved as a part of lhe Workforce Alliance, Inc. Administrative Plan filed with the State. Purchases shall Include services, supplJes, consultant agreements, materials, equipment and leased space.

f. Authorization of the said Consortium Director to make and issue policies and procedures as determined' by the CEO llm!tatkms of the Carver Board Polley Governing model. · g. Authorization of the said Consortium Director to make emergency decisions which may Include the acceptance or application for grants or the entry into contracts or the expenditure of funds in emergency situations where a meeting of the Consortium and or the Workforce Alliance lnc. as appropriate cannot be called prior to the time that an action must be executed. Such actions shall be placed on the agenda of.the next meeting of tlie Consortium and Workforce Alliance Inc. for ratification by the appropriate entity. All such contract, purchasing and expenditures shall be in accordance with established rules and governing State and federal policies and circulars.

7

h. The manner !11 which funds shall be d(sbursed or paid by ihe administrative entity charged with operat!ng the, programs of providing services contemplated by this Agreement which is Workforce Alliance, Inc .. i. The acqulsllion, ownership, custody, operation, maintenance, lease or sale of real or personal property subject to fedf'\ral and State rules. j., The dlspos!!ion, diversion or distribution of any property acquired.

k. The composition, membership appointments, and organizational approval of any apvlsory bodies to the Consortium. . I. The manner In which staff shall be employed to carry out and .serve Consortium and Workforce Alliance, Inc. objectives. · m. The appointment of the Director of the. Consortium up;m recommendation of Workforce Alliances Inc., .and authorization of the Workforce Alliance, Inc. . President and CEO to draft personnel rufes and policies which shall be approved by the Consortium upon recommendation of the Workforce Alliance Inc. and which shall provide for the hlrlng of such staff as is necessary to carry out the duties and responsibilities of the Consortium and Workforce Alliance, Inc. The Workforce Alliance, Inc. President and CEO shall be responsible for the hiring and termination of staff in accordance with those . policies. ·

I. Every other year a pay and classification study shall be Initiated by the Workforce Alliance, Inc. President and CEO through an independent third party in accordance with purchasing and. procurement guidelines or through the Florida Workforce Developmeht Association bi•annual salary survey which shall examine the responsibilities and_ salaries of the staff to assure that they meet community norms and that they are competitive so as lo aitract skilled personnel to- accomplish the purposes of the Consortiun:i and Workforce Alliance, Inc. ·

ii. A committee of Workforce Alliance Inc. may be established to review and make recommendations for staffing, pay and classlflcallon studies and benefits for Consortium staff. n. To develop procedures and/or administrative rules to effectively carry out the Consortium's polioles and decisions so long as they do not confllt;:t with governing federal and state rules and regulations, and the ·Workforce Florlda lnc./Agency for Workforce Innovation pollcles, rules and regulations.

o. Any other necessary and proper matters as they may arise and as agreed upon by the Consortium members and member governments.

13. SIGNATORY

· The chair shall act as slgnato·ry for the Consortium. In the absence of the chair, any . of the other members may sign for the Consortium in •the chair's stead. 14. ALL PRIOR AGREEMENTS ·

It is· understood and agreed !hat this document incorporates c1nd includes all prior negotiations; correspondence, conversations, agreements, or undersiandlngs applicable to the matters contained. herein and the parties agree that there are no · commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained In this document. Accordingly, it Is agreed that no deviation from the terms hereof shall be predlcateq upon any prior representation or agreements whether oral or written.

15. AMENDMENT

It Is agreed that no modiflcation, amendment, or alteration of the terms or conditions contained in this Agreement shall be effectrve unless contained in a written document executed with the same formality and of equal dignity herewith. 16.TERM; TERMINATION

This Agreement shall be automatically renewed.annually without action of any party. Should any party to this Agreement wish to terminate their participation, a 60-day written notice shall be provided to all parties herel!nder and lb the Presidenl/CEO of Workforce AlliancEl, Inc., 326 Fern Street, West Palm Beach FL 33401. Notice mus! be given !n writing sent by Certified United Stales Mall with Return Rece!pl Requested.

FOR:

Board of County Commissioners Palm Beach, Florida

Mayor, City of Defray Beach Delray Beach, Florida

Mayor, City of Palm Beach Gardens Palm Beach Gardens, Florida

· Mayor, City of South Bay South Bay, Florida

301 North Olive Avenue West Palm Beach, Fl 33401

100 NW First Avenue Delray Beach, Fl 33444

10500 North Military Trail Palm Beach Garden 3341 O

335 SW 2nd Ave Soulh Bay, FL 33493

17. CONSTRUCTION

This Agreement shall be deemed to be a binding contract and shall be construed In accordance.with and governed by the laws of the State of Florida, 18. INVALID PROVJSION/SEVERABIUTY

In 'the event that any provision of this Agreement or the application -of any such provision to any party or circumstances be held Invalid or unenforceable or the appllcallon of such .provision to parties or circumstances be unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain fn full force and effect. · 19. WAIVER OF RIGHTS 1

Any waiver at any time· by any party hereto of its rights with respect to any matter arising in connection with this Agreement shall not be conslclered .a waiver with respect to any subsequent default or mat!er.

[The remainder of tlhls page Is Intention ally left blank,]

Cotporation Secretary

a

DATE: ~-~~ULL---,----,-~ ATTEST: ..r.a;~~~~Q;.~~~:::m,,:S&,,:::::_Corporatlon Secretary

Private Sector

Appointed By:

Palrn Beach County Commission City of South Bay City of Delray Beach . City of.Palm Beach Gardens ·

Total Private Sector

Mandatory Appointments••

Organized Labor . Department of Children and Families Division of Vocational Rehabilitatlon

· Private Degree Granting Institution Private Certificate Granting Institution Former Welfare Participant Community Based Organization Education· ·

17 (85%) i (5%} 1 (5%} 1 (5%)

io (57%)*

3 1 1 1 1 1 4 a 15 (43%)

Mlrilmum of 51% required by Federal law/Slate Statutes•

Mandatory appointments by Federal law/Slate Statures••